THE  ACTS  ESTABLISHING 


— THE — 

STATE  BOARD  OF  HEALTH 


— AND  REGULATING  THE — 


PRACTICE  OF  MEDICINE  AND  SURGERY 

I3ST  MISSOURI, 


— WITH — 


MODE  OF  PROCEDURE  UNDER  THE  SAME. 


— COMPILED  BY — 


JOSEPH  C.  HEARNE,  M.  D.,  Sec’y. 


-•*28 - 

SAUisXfi 


ST.  LOUIS,  MO.  : 

Commercial  Printing  Company,  405  North  Third  Street. 
1883. 


MEMBEES  OF  THE  BOAED. 


E.  H.  Gregory,  M.  D.,  -  -  -  St,  Louis— President. 

G.  M.  Oox,  M.  D.,  -  -  Springfield — Vice-President. 

*P.  D.  Yost,  M.  D.,  -  St.  Louis — Treasurer. 

H.  F.  Hereford,  M.  D.,  -  -  -  -  Kansas  City. 

W.  B.  Conery,  M.  D., . St,  Louis. 

G.  T.  Bartlett,  M.  D., . Poplar  Bluff. 

J.  0.  Hearne,  M.  D.,  Hannibal— Secretary. 

Board  Organized  at  Jefferson  City  July  13,  1883. 


*Died  August  18S3. 


Office  of  Secretary  of  ) 
Missouri  State  Board  of  Health,  j 

Hannibal,  August  10th,  1883. 

At  the  meeting  of  the  state  board  of  health  held  on  the 
1st  of  August,  1883,  the  following  resolution  was  adopted: 

Resolved ,  That  the  secretary  of  this  board,  be  instructed 
to  prepare  a  synopsis  of  the  law  Begulating  the  Practice  of 
Medicine  and  Surgery,  together  with  mode  of  procedure, 
rulings,  interpretations  and  decisions  on  the  same  or  such 
of  them  as  may  be  of  general  interest,  and  have  printed  a 
sufficient  number  for  general  distribution. 

In  obedience  to  this  resolution,  I  have  devoted  so  much 
time  as  pressing  professional  engagements  and  demands  upon 
me  incident  to  inaugurating  the  work  of  the  board  would 
allow.  I  submit  the  result  with  a  feeling  sense  of  its  in¬ 
completeness,  trusting  to  the  good  judgment  of  our  learned 
profession  to  supply  the  deficiency,  regardingthe  acts  of  the 
^  legislature  as  a  “  step  in  the  right  direction,  77  and  their 
prompt  and  full  enforcement  as  calculated  to  elevate  qur 
noble  profession  and  place  it  upon  its  proper  plane,  as  well 
as  to  result  in  incalculable  benefit  to  the  people.  We  be¬ 
speak  the  hearty  co-operation  of  every  good  citizen,  and  es- 
^"'pecially  every  physician,  in  securing  a  strict  compliance  with 
the  law,  hoping  for  such  alterations  and  amendments  from 
time  to  time  as  experience  may  dictate.  That  our  ranks 
have  been  cursed  with  quacks  and  charlatans,  and  multitudes 
of  confiding  invalids  murdered  in  the  past,  cannot  be  contro¬ 
verted.  To  rid  our  State  of  these  pests  is  a  consummation 
most  devoutly  to  be  wished  for,  and  if  seconded  in  our  efforts 


a 


4 


by  the  “good  men  and  true”  of  our  profession,  and' the  multi¬ 
tude  who  need  their  services,  we  hope  at  no  distant  day  to 
accomplish  it. 

Let  us  then,  one  and  all,  enter  heartily  into  this  work  of 
reform,  and  contribute  “  our  mite  ”  to  thus  benefiting  our 
common  humanity. 

We  cannot  withhold  from  Dr.  John  H.  Rauch,  the  efficient 
secretary  of  the  state  board  of  health  of  Illinois,  our  acknowl¬ 
edgment  of,  and  thanks  for  the  valuable  assistance  rendered 
us  by  him  in  this  compilation. 

Respectfully, 

Jos.  0.  Hearne,  M.  D.,  Sec. 


THE  ACT  ESTABLISHING 


— THE — 

State  Board  of  Health. 


BOARD  OF  HEALTH. 

AN  AOT  creating  a  board  of  health  for  the  state  of  Mis¬ 
souri,  defining  its  duties  and  powers,  and  fixing  the  compen¬ 
sation  of  its  officers. 

Sec.  1.  Board  created  —  members,  how  appointed  —  vacancies,  how 
filled. 

Sec.  2.  Qualifications. 

Sec.  3.  Its  powers  and  duties. 

Sec.  4.  Board  may  establish  and  enforce  quarantine,  when. 

Sec.  5.  Epidemics — notice  to  be  given,  etc.  , 

Sec.  6.  Penalty  for  non-compliance  with  quarantine  regulations. 

Sec.  7.  Board  to  have  supervision  of  registration  of  births  and  deaths 
— secretary  of  board  superintendent  of  registration. 

Sec.  8.  Physicians,  etc.,  to  report  births  and  deaths  to  county  clerk — 
penalty. 

Sec.  9.  When  no  physician,  etc.,  present,  report  to  be  made,  by  whom. 

Sec.  10.  Coroner  to  report  deaths,  when. 

Sec.  11.  Board  to  prepare  blanks — their  distribution. 

Sec.  12.  County  clerks  to  register  births  and  deaths — annual  report  to 
be  made. 

Sec.  13.  Meetings  of  board,  when  and  where  held — its  officers,  etc. 

Sec.  14.  Duties  of  secretary  —  compensation  —  traveling  expenses  of 
board,  how  paid. 

Sec.  15.  Board  to  take  cognizance  of  diseases  among  domestic  animals. 

Sec.  16.  Board  to  organize,  when — president  may  administer  oaths,  etc. 

Sec.  17.  Annual  reporc  to  be  made,  what  to  contain. 

Sec.  18.  Rules  of  board  not  binding,  when. 

Sec.  19.  Appropriations. 


6 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Mis¬ 
souri,  as  follows : 

Section  1.  The  governor,  by  and  with  the  advice  and 
consent  of  the  senate,  shall  appoint  seven  persons,  who 
shall  constitute  a  board,  which  shall  be  styled  the  “  State 
Board  of  Health  of  Missouri.”  The  members  so  appointed 
shall  hold  their  office  for  the  term  of  seven  years :  provided, 
however,  that  in  the  first  appointments  under  this  act  four 
of  such  members  shall  hold  their  office  for  two  years,  and 
three  members  for  four  years.  All  vacancies  occurring  in 
the  board  shall  be  filled  by  the  governor  of  the  state,  and 
when  made  when  the  senate  is  not  in  session,  will  be  subject 
to  confirmation  at  the  next  ensuing  session  of  the  senate. 

Sec.  2.  At  least  five  of  said  board  shall  be  physicians  in 
good  standing,  and  of  recognized  professional  and  scientific 
knowledge,  and  graduates  of  reputable  medical  schools,  and 
they  shall  have  been  residents  of  the  state  for  at  least  five 
years  next  preceding  their  appointment:  provided,  that  in 
the  appointments  made  there  shall  be  no  discrimination 
made  against  the  different  systems  of  medicine  that  are 
recognized  as  reputable  by  the  laws  of  this  state. 

Sec.  3.  The  state  board  of  health  shall  have  general  su¬ 
pervision  over  the  health  and  the  sanitary  interests  of  the 
citizens  of  the  state.  It  shall  be  their  duty  to  recommend 
to  the  general  assembly  of  the  state  such  laws  as  they  may 
deem  necessary  to  improve  and  advance  the  sanitary  condi¬ 
tion  of  the  state;  to  recommend  to  the  municipal  authorities 
of  any  city,  or  to  the  county  courts  of  any  county,  the  adop¬ 
tion  of  any  rules  that  they  may  deem  wise  or  expedient  for 
the  protection  and  preservation  of  the  health  of  the  citizens 
thereof. 

Sec.  4.  Whenever  the  state  board  of  health  shall  be  satis¬ 
fied  that  any  malignant,  contagious  or  infectious  disease  ex¬ 
ists  in  any  city,  district  or  part  of  the  country  to  such  an 
extent  as  to  endanger  the  lives  of  the  inhabitants  of  any  part 
of  the  state  of  Missouri  having  direct  communication  with 
such  infected  city,  district  or  part  of  the  country,  said  board 
shall  have  power,  by  a  majority  vote,  to  establish  quarantine 


7 


regulations  against  such  infected  city  or  district,  and  may  de¬ 
termine  and  regulate  to  what  extent  and  by  whom  any  com¬ 
munication  or  business  transaction  with  such  infected  city  or 
district  may  be  had,  and  establish  such  rules  and  regulations 
as  may  be  deemed  necessary  to  prevent  the  introduction  and 
spread  of  such  disease;  and  said  board  is  hereby  empowered 
to  call  upon  any  executive  officer  of  the  state  to  enforce 
such  rules  and  regulations,  and  it  shall  be  the  duty  of  all 
public  officers,  sheriffs  and  constables  and  other  executive 
officers  of  the  state  to  assist  the  state  board  of  health  to 
carry  out  the  provisions  of  this  act. 

Sec.  5.  Whenever  the  state  board  of  health  shall  declare 
that  any  malignant,  infectious  or  contagious  disease  is  epi¬ 
demic  in  any  portion  of  the  country  or  the  state  of  Missouri, 
they  shall  immediately,  or  as  soon  thereafter  as  possible, 
give  notice  to  that  effect  to  the  citizens  of  the  state,  and  also 
give  public  notice  of  the  rules  and  regulations  adopted  by 
them  for  the  enforcement  of  quarantine  in  infected  and 
other  districts,  and  take  such  steps  and  adopt  such  measures 
as  they  may  deem  necessary  to  prevent  the  introduction  of 
such  disease. 

Sec.  6.  Any  person  or  persons  failing,  after  notice,  or  re¬ 
fusing  to  comply  with  the  quarantine  rules  and  regulations  of 
the  state  of  Missouri,  as  established  by  the  state  board  of 
health,  or  any  person  or  persons  resisting  by  force  the  en¬ 
forcement  of  the  quarantine  regulations  of  the  state  of  Mis¬ 
souri,  established  and  approved  as  aforesaid,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
fined  not  less  than  ten  nor  more  than  five  hundred  dollars 
for  each  offense. 

Sec.  7.  The  state  board  of  health  shall  have  a  supervision 
of  the  registration  of  births  and  deaths  as  hereinafter  pro¬ 
vided  ;  they  shall  prescribe  such  forms  and  recommend  such 
legislation  as  shall  be  deemed  necessary  for  a  thorough  and 
complete  registration  of  vital  and  mortuary  statistics 
through  the  state.  The  secretary  of  the  state  board  of 
health  shall  be  the  superintendent  of  such  registration. 

Sec.  8.  It  shall  be  the  duty  of  all  physicians,  surgeons 


8 


and  accouchers  in  this  state  to  register  their  names,  as  pro¬ 
vided  by  law,  with  the  county  clerk  of  the  county  wherein 
they  reside,  and  said  physicians,  surgeons  and  accouchers 
shall  be  required,  under  penalty  of  a  fine  of  ten  dollars,  to  be 
recovered  before  any  court  of  competent  jurisdiction  in  this 
state,  by  indictment  or  information  in  the  name  of  the  state, 
to  report  to  the  county  clerk  within  thirty  days  from  date  of 
their  occurrence,  all  births  or  deaths  which  may  come  under 
their  supervision,  with  a  certificate  of  the  cause  of  death 
and  such  correlative  facts  as  the  state  board  of  health  may 
require,  in  blank  form  as  hereinafter  provided. 

Sec.  9.  Where  any  birth  or  death  shall  take  place,  no 
physician,  surgeon  or  accoucher  being  in  attendance,  the 
same  shall  be  reported  to  the  county  clerk  within  thirty  days 
from  the  date  of  the  occurrence  thereof,  with  supposed  cause 
of  death,  by  the  parent,  or  if  there  be  no  parent,  by  the 
nearest  of  kin,  not  a  minor,  or  if  there  be  no  kin,  by  the’ 
resident  householder  where  the  death  shall  occur,  under 
penalty  as  provided  in  the  preceding  section  of  this  act,  and 
the  county  clerk  shall  record  the  said  report  in  proper  form. 

Sec.  10.  The  coroners  of  the  several  counties  in  this  state 
shall  be  required  to  report  to  the  county  clerk  of  the  coun¬ 
ty  wherein  such  coroners  reside,  all  cases  of  death  which 
may  come  under  their  supervision,  with  the  cause  and  mode 
of  death,  as  per  form  furnished,  and  under  penalty  as  pro¬ 
vided  in  section  eight  of  this  act. 

Sec.  11.  It  shall  be  the  duty  of  the  state  board  of  health 
to  prepare  such  printed  forms  of  certificates  of  births  and 
deaths  as  they  may  deem  proper;  said  printed  forms  to  be 
furnished  by  the  secretary  of  the  board  to  the  county  clerks 
of  the  several  counties  in  this  state ;  and  it  shall  be  the  duty 
of  the  said  county  clerks,  as  aforesaid,  to  furnish  said 
printed  forms,  as  aforesaid,  to  such  persons  as  are  herein 
required  to  make  reports. 

Sec.  12.  The  county  clerks  of  the  several  counties  in  this 
state  shall  be  required  to  provide  separate  books  for  the 
registration  of  the  names  and  postoffice  address  of  physi¬ 
cians,  surgeons  and  accouchers  residing  in  their  respective 


9 


counties,  and  for  births  and  deaths.  The  births  and  deaths 
so  registered  shall,  after  the  31st  day  of  December  of  each 
year,  and  within  ten  days  thereafter,  be  transcribed  in  alpha¬ 
betical  order,  in  a  permanent  record  book  to  be  kept  for 
that  purpose.  And  at  the  end  of  each  year  said  county 
clerks  shall  make  or  cause  to  be  made  a  complete  report  of 
all  such  registrations  as  aforesaid,  and  forward  the  same  to 
the  secretary  of  the  state  board  of  health  for  the  current 
year,  or  a  duly  certified  copy  thereof. 

Sec.  13.  The  meetings  of  the  board  shall  be  in  January 
and  July  of  each  year,  and  at  such  other  times  as  the  board 
shall  deem  expedient.  The  meeting  in  January  of  each  year 
shall  be  held  in  the  city  of  Jefferson,  and  four  members  shall 
constitute  a  quorum.  They  shall  choose  from  their  number 
a  president,  vice-president  and  a  secretary,  and  they  may 
adopt  rules  and  by-laws  for  their  government,  subject  to  the 
provisions  of  this  act. 

Sec.  14.  The  secretary  shall  perform  such  duties  as  may 
be  prescribed  by  the  board  and  this  act ;  he  shall  receive  a 
salary  which  shall  be  fixed  by  the  board;  he  shall  also  re¬ 
ceive  his  traveling  and  other  expenses  in  the  performance  of 
his  official  duties.  The  other  members  of  the  board  shall 
receive  no  compensation  for  their  services,  but  their  travel¬ 
ing  and  other  expenses  while  employed  on  the  business  of 
the  board  shall  be  paid.  The  president  of  the  board  shall 
certify  the  amount  to  the  secretary,  and  the  traveling  and 
other  expenses  of  members,  and  on  presentation  of  his 
certificate  the  auditor  of  the  state  shall  draw  his  warrant  on 
the  state  treasurer  for  the  amount. 

Sec.  15.  The  said  board  of  health  shall  take  cognizance 
of  any  fatal  disease  which  may  be  prevalent  amongst  the 
domestic  animals  of  this  state,  and  ascertain  the  nature  and 
causes  of  such  disease,  and  shall,  from  time  to  time,  publish 
the  result  of  their  investigations,  with  suggestions  for  the 
proper  treatment  of  such  animals  as  may  be  affected,  and  the 
remedy  or  remedies  therefor. 

Sec.  16.  The  state  board  of  health  shall  organize  within 
thirty  days  after  the  appointment  of  the  members  thereof 


10 


The  president  of  the  board  shall  have  authority  to  adminis¬ 
ter  oaths,  and  the  board  to  take  testimony  in  all  matters 
relating  to  their  duties  and  powers.  In  selecting  places  ta 
hold  their  meetings  they  shall,  as  far  as  is  reasonable,  accom¬ 
modate  the  different  sections  of  the  state,  and  due  notice 
shall  be  published  of  their  stated  meetings.  All  certificates 
issued  by  them  shall  be  signed  by  at  least  five  members  of 
the  board. 

Sec.  17.  It  shall  be  the  duty  of  the  board  of  health  to 
make  an  annual  report,  through  their  secretary  or  otherwise, 
in  writing,  to  the  governor  of  this  state,  on  or  before  the 
first  day  of  January  of  each  year,  and  such  report  shall  in¬ 
clude  so  much  of  the  proceedings  of  the  board,  and  such 
information  concerning  vital  and  mortuary  statistics,  such 
knowledge  respecting  diseases,  and  such  instructions  on  the 
subject  of  hygiene  as  may  be  thought  useful  by  the  board 
for  dissemination  among  the  people,  with  such  suggestions 
as  to  legislative  action  as  they  may  deem  necessary. 

Sec.  18.  No  rule  or  regulation  adopted  by  this  board  shall 
be  legal  or  binding  which  shall  be  in  conflict  with  any  law  of 
the  state,  or  any  ordinance  of  any  municipality  or  town  in 
the  state. 

Sec.  19.  The  sum  of  six  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  to  pay 
the  salary  of  the  secretary,  meet  the  contingent  expenses 
of  the  office  of  the  secretary,  and  the  expenses  of  the  board 
and  all  costs  for  printing,  which  together  shall  not  exceed 
the  sum  hereby  appropriated.  Said  expenses  shall  be  certi¬ 
fied  and  paid  in  the  same  manner  as  the  salary  of  the  secre¬ 
tary. 

Approved  March  29, 1883. 


THE  ACT  REGULATING 

— THE — 

Practice  of  Medicine  and  Surgery. 


AN  ACT  to  regulate  the  practice  of  medicine  and  surgery 
in  the  state  of  Missouri. 

Sec.  1.  Persons  practicing  medicine  and  surgery  to  procure  certifi¬ 
cate,  how  obtained — by  whom  issued,  etc. 

Sec.  2.  Board  of  health  shall  issue  certificates,  when — list  to  be  fur¬ 
nished  county  clerks. 

Sec.  3.  Board  shall  examine  diploma  —  fee — penalty  for  presenting 
fraudulent  diploma — diplomas  how  verified,  etc. 

Sec.  4.  Examination  made  by  board. 

Sec.  5.  Certificates  to  be  recorded  with  county  clerks. 

Sec.  6.  Clerk  to  keep  list  of  certificates,  etc. 

Sec.  7.  Examinations,  how  made. 

Sec.  8.  Board  may  refuse  or  revoke  certificates,  when. 

Sec.  9.  Who  regarded  as  practicing  medicine. 

Sec.  10.  Itinerant  venders  of  drugs,  etc.,  to  pay  license — penalty. 

Sec.  11.  Penalty  for  violating  provisions  of  this  act — act  not  to  apply,, 
to  whom. 

Sec.  12.  Who  to  perform  duties  of  county  clerk  in  St.  Louis  city. 

Sec.  13.  Inconsistent  acts  repealed. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Mis¬ 
souri,  as  follows : 

Section  1.  Every  person  practicing  medicine  and  sur¬ 
gery,  in  any  of  their  departments,  shall  possess  the  qualifi¬ 
cations  required  by  this  act.  If  a  graduate  of  medicine,  he 
shall  present  his  diploma  to  the  state  board  of  health  for 
verification  as  to  its  genuineness.  If  the  diploma  is  found 
to  be  genuine,  and  if  the  person  named  therein  be  the  per¬ 
son  claiming  and  presenting  the  same,  the  state  board  of 


12 


health  shall  issue  its  certificate  to  that  effect,  signed  by  at 
least  four  of  the  members  thereof,  and  such  diploma  and 
certificate  shall  be  deemed  conclusive  as  to  the  right  of  the 
lawful  holder  of  the  same  to  practice  medicine  in  this  state. 
If  not  a  graduate,  the  person  practicing  medicine  in  this 
state  shall  present  himself  before  said  board  and  submit 
himself  to  such  examination  as  the  said  board  shall  require, 
and  if  the  examination  be  satisfactory  to  the  examiners,  the 
said  board  shall  issue  its  certificate  in  accordance  with  the 
facts,  and  the  lawful  holder  of  such  certificate  shall  be  entitled 
to  all  the  rights  and  privileges  herein  mentioned. 

Sec.  2.  The  state  board  of  health  shall  issue  certificates 
to  all  who  shall  furnish  satisfactory  proof  of  having  received 
diplomas  or  licenses  from  legally  chartered  medical  institu¬ 
tions  in  good  standing,  of  whatever  school  or  system  of  med¬ 
icine  ;  they  shall  prepare  two  forms  of  certificates,  one  for 
persons  in  possession  of  diplomas  or  licenses,  the  other  for 
candidates  examined  by  the  board  ;  they  shall  furnish  to  the 
county  clerks  of  the  several  counties  a  list  of  all  persons 
receiving  certificates :  provided,  that  nothing  in  this  act 
shall  authorize  the  board  of  health  to  make  any  discrimina¬ 
tion  against  the  holders  of  genuine  licenses  or  diplomas  un¬ 
der  any  school  or  system  of  medicine. 

Sec.  3.  Said  state  board  of  health  shall  examine  diplomas 
as  to  their  genuineness,  and  if  the  diplomas  shall  be  found 
genuine  as  represented,  the  secretary  of  the  state  board  of 
health  shall  receive  a  fee  of  one  dollar  from  each  graduate 
or  licentiate,  and  no  further  charge  shall  be  made  to  such 
applicant;  but  if  it  be  found  to  be  fraudulent,  or  not  lawfully 
owned  by  the  possessor,  the  board  shall  be  entitled  to 
charge  and  collect  twenty  dollars  of  the  applicant  presenting 
such  diploma;  the  verification  of  the  diploma  shall  consist 
in  the  affidavit  of  the  holder  and  applicant, that  he  is  the  lawful 
possessor  of  the  same,  and  that  he  is  the  person  therein 
named;  such  affidavit  may  be  taken  before  any  person  au¬ 
thorized  to  administer  oaths,  and  the  same  shall  be  attested 
under  the  hand  and  official  seal  of  such  officer,  if  he  have 
a  seal.  Graduates  may  present  their  diplomas  and  affidavits 


13 


as  provided  in  this  act,  by  letter  or  by  proxy,  and  the  state 
board  of  health  shall  issue  a  certificate  as  though  the  owner 
of  the  diploma  was  present. 

Sec.  4.  All  examinations  of  persons  not  graduates  or 
licentiates  shall  be  made  directly  by  the  board,  and  the  cer. 
tificates  given  by  the  board  shall  authorize  the  possessor  to 
practice  medicine  and  surgery  in  the  state  of  Missouri. 

Sec.  5.  Every  person  holding  a  certificate  from  the  state 
board  of  health  shall  have  it  recorded  in  the  office  of  the 
county  clerk  of  the  county  in  which  he  resides,  and  the  re¬ 
cord  shall  be  endorsed  thereon  ;  any  person  removing  to  an¬ 
other  county  to  practice  medicine  and  surgery  shall  procure 
an  endorsement  to  that  effect  on  the  certificate  from  the 
clerk  of  the  county  court,  and  shall  have  the  certificate  re¬ 
corded  in  the  office  of  the  clerk  of  the  county  to  which  he 
removes,  and  the  holder  of  the  certificate  shall  pay  to  said 
clerk  of  said  county  the  usual  fees  for  making  the  record. 

Sec.  6.  The  county  clerk  shall  keep,  in  a  book  provided 
for  the  purpose,  a  complete  list  of  the  certificates  recorded 
by  him,  with  the  date  of  the  issue.  If  the  certificate  be 
based  on  a  diploma  or  license  he  shall  record  the  name  of 
the  medical  institution  conferring  it,  and  the  date  when  con¬ 
ferred.  The  register  of  the  county  clerk  shall  be  open  to 
public  inspection  during  business  hours. 

Sec.  7.  Examinations  may  be  made  in  whole,  or  in  part,  in 
writing,  and  shall  be  of  an  elementary  and  practical  charac¬ 
ter,  but  sufficiently  strict  to  test  the  qualifications  of  the 
.candidate  as  a  practitioner. 

Sec.  8.  The  state  board  of  health  may  refuse  certificates 
to  individuals  guilty  of  unprofessional  or  dishonorable  con¬ 
duct,  and  they  may  revoke  certificates  for  like  causes,  after 
giving  the  accused  an  opportunity  to  be  heard  in  his  defense 
before  the  board. 

Sec.  9.  Any  person  shall  be  regarded  as  practicing  medi¬ 
cine  within  the  meaning  of  this  act,  who  shall  profess,  pub¬ 
licly,  to  be  a  physician,  and  to  prescribe  for  the  sick,  or  who 
shall  append  to  his  name  the  letters  “  M.  D. ; ”  but  nothing 
in  this  act  will  be  construed  to  prohibit  students  from  pre- 


i 


14 


scribing  under  the  supervision  of  a  preceptor  or  to  prohibit 
gratuitous  services  in  cases  of  emergency ;  and  this  act  shall 
not  apply  to  commissioned  surgeons  of  the  United  States 
army,  navy  and  marine  hospital  service. 

Sec.  10.  Any  itinerant  vender  of  any  drug,  nostrum,  oint 
ment  or  appliance  of  any  kind,  intended  for  the  treatment  of 
disease  or  injury,  or  who  shall,  by  writing  or  printing,  or  any 
other  method,  publicly  profess  to  cure  or  treat  diseases,  in 
juries  or  deformities  by  any  drug,  nostrum,  manipulation,  or 
other  expedient,  shall  pay  to  the  state  a  license  of  one 
hundred  dollars  per  month,  to  be  collected  as  provided  for 
by  law,  as  all  other  licenses  are  now  collected,  and  any  per¬ 
son  violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  punished  by  a  fine  not  to  exceed  five  hundred  dollars 
($500),  or  by  imprisonment  in  the  county  jail  not  to  exced  six 
months,  or  by  both  such  fine  and  imprisonment. 

Sec.  11.  Any  person  practicing  medicine  or  surgery  in 
this  state  without  complying  with  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  tor  a 
period  of  not  less  than  thirty  days  nor  more  than  three 
hundred  and  sixty-five  days,  or  by  both  such  fine  and  im¬ 
prisonment  for  each  and  every  offense;  and  any  person  filing 
or  attempting  to  file  as  his  own,  the  diploma  or  certificate  of 
another,  or  a  forged  affidavit  or  identification,  shall  be  guilty 
of  a  felony,  and,  upon  conviction  thereof,  shall  be  subject 
to  such  fine  and  imprisonment  as  are  made  and  provided  for 
by  the  statutes  of  this  state  for  the  crime  of  forgery  in  the 
second  degree,  but  the  penalties  shall  not  be  enforced  until 
a  period  of  six  months  after  the  passage  of  this  bill:  pro¬ 
vided,  that  the  provisions  of  this  act  shall  not  apply  to 
those  that  have  been  practicing  medicine  five  years  in  this 
state. 

Sec.  12.  Whenever  in  this  act  it  is  provided  that  any  duty 
or  service  shall  be  performed  by  any  county  clerk,  such  duty 
and  service  in  the  city  of  St.  Louis  shall  be  performed  by 


15 


the  city  register  or  health  commissioner  of  the  city  of  St. 
Louis,  as  if  such  officer  was  specially  named  to  perform 
these  duties  and  services. 

Sec.  13.  All  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 

Approved  April  2,  1883. 


RULES  AND  BY-LAWS 


— OF — 

Missouri  State  -Board  of  Health. 

[Adopted  at  their  Meeting ,  August  1st ,  1883.~\ 


I.  The  officers  of  the  board  shall  be  a  president,  vice 
president,  secretary  and  treasurer,  who  shall  be  chosen 
from  the  members  of  the  board.  All  officers  shall  be  elect¬ 
ed  by  ballot  at  the  annual  meeting  in  January,  and  shall 
hold  office  one  year,  and  until  their  successors  shall  be 
elected  and  assume  the  duties  of  office.  But  vacancies  can 
be  filled  and  any  office  may  be  vacated  by  the  board,  for 
cause,  at  any  regular  meeting  of  the  board.  Provided, 
that  the  present  officers  shall  hold  office  until  the  January 
meeting,  1885. 

II.  The  president  and  secretary  shall  perform  the  duties 
prescribed  by  law,  and  by  the  rules,  by-laws  and  resolutions 
of  the  board.  The  secretary  shall  give  an  approved  bond 
for  the  faithful  discharge  of  his  duties. 

III.  The  treasurer  shall  give  bond,  to  be  approved  by 
the  president  and  secretary,  in  such  sums  as  the  board 
may  determine.  He  shall  have  the  charge  and  custody  of 
all  moneys  received  for  fees,  or  which  may  come  otherwise 


17 


into  the  possession  of  the  board,  and  shall  pay  out  the  same 
only  on  order  of  the  board,  signed  by  the  president  and 
countersigned  by  the  secretary.  All  fees  received  by  the 
secretary  under  the  Act  to  Regulate  the  Practice  of  Medi¬ 
cine  and  Surgery,  and  also  all  other  moneys  belonging  to 
the  board,  coming  into  his  hands,  shall  be  paid  over  by  him 
quarterly,  or  oftener,  to  the  treasurer. 

IV.  The  accounts  of  the  secretary  for  salary  and  travel, 
ing  expenses,  on  the  business  of  this  office,  shall  be  examin¬ 
ed  and  certified  quarterly  by  the  president,  as  provided  by 
law,  but  no  debts  or  pecuniary  liabilities  shall  be  incurred 
by  said  secretary  in  the  name  of  the  board  of  health  or  of  his 
office,  except  such  as  are  authorized  by  a  vote  of  the  board, 
no  expenditures  shall  be  made  by  him  for  the  board,  or  for 
his  office,  except  such  as  shall  be  specially  ordered  or  au¬ 
thorized  by  the  board,  and  all  accounts,  debts  or  liabilities 
so  incurred  by  the  secretary  shall  be  audited  by  auditing 
committee,  and,  when  approved,  be  paid  on  the  order  of  the 
board,  and  be  signed  by  the  president  and  secretary,  and 
not  otherwise. 

V.  The  board  shall  hold  an  annual  meeting  in  the  city  of 
Jefferson,  on  the  second  Tuesday  in  January  in  each  year, 
and  regular  meetings  shall  be  held  on  the  second  Tuesday 
in  April,  July  and  October,  at  such  places  as  the  board  may 
determine. 

VI.  There  shall  be  appointed  by  the  president  at  the 
regular  annual  meeting  in  January  an  auditing  committee  con¬ 
sisting  of  two  members,  who  shall  be  members  of  the  board 
and  shall  hold  office  for  one  year.  The  president  shall  have 
power  to  call  special  meetings  of  the  board  on  the  request 
of  three  members  made  in  writing,  and  he  may  also  postpone 
any  meeting  of  the  board  except  the  annual  meeting  in  Jan¬ 
uary  and  the  regular  meeting  in  July  when  requested  so  to 
do  by  four  members  of  the  board  in  writing. 

VII.  The  examination  of  candidates  and  physicians,  un¬ 
der  the  Act  to  Regulate  the  Practice  of  Medicine  and  Sur¬ 
gery,  shall  be  had  at  the  meetings  of  the  board  in  January, 


18 


April,  July  and  October,  and  at  no  other  time  unless  ordered 
by  the  board  by  a  vote  of  two- thirds  of  all  the  members. 

VIII.  These  by-laws  may  be  altered  or  amended  at  any 
regular  meeting  of  the  board  by  a  two-thirds  vote  of  all  the 
members  of  the  board. 

ORDER  OF  BUSINESS. 

Order  of  business  shall  be  as  follows: 

1.  Calling  of  the  roll. 

2.  Reading  minutes  of  last  regular  and  special  meetings. 

3.  Reports  of  officers  of  the  board. 

4.  Reports  of  committees  of  the  board. 

5.  Communications  from  members  of  the  board. 

6.  New  and  unfinished  business. 


How  to  Procede  Under  the  Law. 


Under  the  act  entitled  “Practice  of  Medicine  and  Surgery,’’ 
all  persons  offering  to  practice  medicine  in  any  of  its  depart¬ 
ments,  in  the  state  of  Missouri,  are  divided  into  two 
classes : 

First.  Practitioners  who  have  been  practicing  medicine 
five  years  or  more,  within  this  state,  prior  to  July  2d,  1883. 

Second.  Those  who  have  been  practicing  medicine  less 
than  five  years,  within  this  state,  prior  to  said  date. 

This  second  class  is  also  divisible  into  two  grades 

First.  Graduates  of  medicine  who  can  furnish  satisfactory 
proof  of  having  received  diplomas  from  legally  chartered 
medical  institutions  in  good  standing. 

Second.  Those  who  are  practicing  medicine  in  any  of  its 
departments,  who  have  neither  a  diploma  or  license.  The 
former  must  present  their  diploma  to  the  state  board  of 
health  for  verification  as  to  its  genuineness.  The  latter 
must  undergo  examination  by  the  board  for  its  certificate  en¬ 
titling  them  to  practice  medicine  and  surgery  in  this  state. 

Concerning  the  proviso  by  which  physicians  who  “  have 
been  practicing  medicine  five  years  in  this  state are  ex¬ 
empted  from  the  provisions  of  the  act,  the  board  are  of 
opinion  that  it  is  its  duty  to  ascertain,  as  far  as  practicable, 
the  names  of  all  those  who  are  entitled  to  the  benefit  of 
that  proviso  ;  and  that  it  is  the  duty  of  those  who  have  thus 
practiced  medicine  for  five  years  within  the  state  to  furnish 
the  board  evidence  of  the  fact  by  affidavit  or  otherwise, 


20 


when  a  proper  certificate  will  be  issued,  which  will  show 
their  right  to  practice  under  that  proviso  of  the  law,  and 
establish  their  status  legally. 

Section  eight,  of  the  state  board  of  health  Act  requires 
that  all  physicians,  surgeons  and  accouchers  (or  midwives), 
without  exception,  practicing  in  this  state  shall  register 
their  names  with  the  county  clerk  of  the  county  where  they 
reside.  This  registration  is  additional  to  and  independent 
of  the  record  of  the  certificate  issued  by  the  board.  They 
are  also  required,  under  penalty  of  a  fine  of  ten  dollars,  to 
report  to  the  county  clerk,  within  thirty  days  from  the  date 
of  their  occurrence,  all  births  or  deaths  which  may  come 
under  their  supervision,  with  a  certificate  of  cause  of  death, 
with  such  correlative  facts  as  the  state  board  of  health  may 
require,  in  blank  form  which  will  be  furnished  by  the  county 
clerk  on  application. 


DIRECTIONS. 

1.  Applications  for  Certificates ,  etc. :  Applications  for  cer¬ 
tificates  or  for  blank  affidavits,  should  be  made  to  the  secre¬ 
tary,  at  Hannibal.  The  county  clerks  are  also  furnished 
with  blank  affidavits,  or  may  obtain  the  same  on  application 
to  the  secretary. 

A  special  form  of  affidavit  has  been  prepared  for  those 
who  have  lost  their  diplomas  by  fire  or  otherwise,  and  may 
be  had  on  application  as  above. 

Diplomas  or  licenses  for  verification,  and  affidavits 
properly  filled  out  and  acknowledged,  together  with  the 
necessary  letters  of  recommendation  and  fees  for  certifi¬ 
cates,  should  be  sent  to  the  secretary. 

For  convenience,  diplomas  may  be  presented  to  any  mem¬ 
ber  of  the  board  for  verification.  In  such  case,  the  affidavit 
should  be  endorsed — “  Diploma  verified,”  with  the  signature 
of  the  member,  before  being  forwarded  to  the  secretary. 

Such  affidavits  may  be  taken  before  any  person  author¬ 
ized  to  administer  oaths,  and  the  same  should  be  attested 


21 


under  the  hand  and  official  seal  of  the  officer.  If  taken  be¬ 
fore  a  justice  of  the  peace,  there  should  be  a  certificate  of 
the  county  clerk  to  his  being  a  justice  of  the  peace. 

2.  Diploma  to  be  Presented  for  Verification :  The  law  re¬ 
quires  that  those  who  are  graduates  in  medicine,  or  who 
have  licenses  from  legally-chartered  medical  institutions  in 
good  standing,  must  actually  present  for  verification,  to  the 
State  Board,  their  diplomas  or  licenses;  and,  in  addition, 
such  other  satisfactory  proofs  as  may  be  necessary.  Gradu¬ 
ates  may  present  their  diplomas  or  licenses  and  affidavits  by 
letter  or  proxy.  The  board  will  not  recognize  diplomas 
from  any  school  that  does  not  require  two  full  courses  of 
lectures  of  not  less  than  twenty  weeks  per  session,  with 
six  months  intervening  between  sessions,  and  that  is  not  in 
good  standing  in  the  particular  school  of  medicine  which  it 
teaches. 

At  the  meeting  of  the  board  in  August,  the  requirements 
of  the  Illinois  State  Board  of  Health  for  medical  colleges,  to 
be  held  in  “good  standing’7  were  unanimously  adopted, 
which  were  as  follows: 

MINIMUM  REQUIREMENTS  FOR  A  MEDICAL  COLLEGE  TO  BE 
HELD  IN  “GOOD  STANDING.” 

1.  CONDITIONS  OF  ADMISSION  TO  LECTURE  COURSES. 

1 .  Credible  certificates  of  good  moral  standing. 

2.  Diploma  of  graduation  from  a  good  literary  and  scientific  college 
or  high  school.  Or,  lacking  this, 

3.  A  thorough  examination  in  the  branches  of  a  good  English  educa- 
cation,  including  mithematics,  English  composition,  and  elementary 
physics  or  natural  philosophy.  This  provision  will  not  be  required  be¬ 
fore  the  close  of  the  lecture  sessions  of  1883-4. 

II.  BRANCHES  OF  MEDICAL  SCIENCE  TO  BE  INCLUDED  IN  THE  COURSES  OF 

INSTRUCTION. 

1.  Anatomy.  2.  Physiology.  3.  Chemistry.  4.  Materia  Medica 
and  Therapeutics.  5.  Theory  iwid  Practice  of  Medicine.  6.  Pathology. 
7.  Surgery.  8.  Obstetrics  and  Gynecology.  9.  Hygiene.  10.  Medi¬ 
cal  Jurisprudence. 

III.  LENGTH  OF  REGULAR  OR  GRADUATING  COURSES. 

1.  The  time  occupied  in  the  regulir  courses  or  sessions  from  which 
students  are  graduated  shall  not  be  less  than  five  months,  or  twenty 
weeks  each. 


22 


2.  Two  full  courses  of  lectures,  not  within  one  and  the  same  year  of 
time,  shall  he  required  for  graduation  with  the  degree  of  Doctor  of  Medi¬ 
cine.  f 

IV.  ATTENDANCE  AND  EXAMINATIONS  OR  QUIZZES. 

1.  Regular  attendance  during  the  entire  lecture  courses  shall  be  re¬ 
quired,  allowance  being  made  only  for  absence  occasioned  by  the  stu¬ 
dent’s  sickness,  such  absences  not  to  exceed  twenty  per  centum  of  the 
course. 

2.  Regular  examinations  or  quizzes  to  be  made  by  each  lecturer  or 
professor  daily,  or  at  least  twice  each  week. 

3.  Final  examinations  on  all  branches,  to  be  conducted,  when  practi¬ 
cable,  by  other  competent  examiners  than  the  professors  in  each  branch. 

V.  DISSECTIONS,  CLINICS  AND  HOSPITAL  ATTENDANCE. 

1.  Each  student  shall  have  dissected  durin?  two  courses. 

2.  Attendance  during  at  least  two  terms  of  clinical  and  hospital  in¬ 
struction  shall  be  required. 

VI.  TIME  OF  PROFESSIONAL  STUDIES 

before  graduation  shall  not  be  less  than  three  full  years,  including  the 
time  spent  with  a  preceptor,  attendance  upon  lectures,  or  at  clinics  and 
hospital. 

VII.  INSTRUCTION. 

The  college  must  show  that  it  has  a  sufficient  and  competent  corps  of 
instructors,  and  the  necessary  facilities  for  teaching,  dissections,  clinics, 
etc. 

3.  Affidavits  Required :  Affidavit  must  be  made  that  the 
person  presenting  the  diploma  or  license  is  the  lawful 
possessor  of  the  same,  and  that  he  is  the  person  therein 
named.  The  affidavit  should  state  date  and  place  of  gradu¬ 
ation,  and  name  of  medical  college,  length  of  practice  in 
'this  state,  as  well  as  present  place  of  residence. 

4.  Fee  for  Certificate :  The  fee  for  a  certificate  is  fixed  by 
law  at  one  dollar  from  each  graduate  or  licentiate,  to  be 
paid  to  the  secretary;  but  if  the  diploma  is  found  to  be 
fraudulent,  or  not  lawfully  owned  by  the  possessor,  the 
board  shall  be  entitled  to  charge  and  collect  twenty  dollars 
from  the  applicant  presenting  such  diploma. 

5.  Examination  of  Non-graduates :  It  is  required  by  law 
that  all  persons  practicing  medicine  less  than  five  years  in 
any  of  its  departments,  who  are  not  graduates  in  medicine 
or  licentiates,  shall  be  examined  directly  by  the  board,  which 


23 


is  authorized  to  issue  certificates  to  those  passing  the  ex¬ 
amination. 

6.  Application  for  Examination  :  The  candidate  for  exami¬ 
nation  must  fill  out  a  blank  form,  which  may  be  obtained  on 
application  to  the  Secretary.  This  must  be  sent  to  the  office 
of  the  board,  and,  if  approved,  the  candidate  will  be  notified 
when  and  where  to  appear  for  examination. 

7.  Fee  for  Examination :  Candidates  for  examination  are 
required  to  pay  a  fee  of  one  dollar  if  the  certificate  be 
granted. 

8.  Character  of  Examination  :  Examinations  may  be  made, 
in  whole  or  in  part,  in  writing  or  orally ;  and  shall  be  of  an 
elementary  and  practical  character,  but  sufficiently  strict  to 
test  the  qualifications  of  the  candidate  as  a  practitioner. 

9.  Examinations  to  he  made  in  Propria  Persona :  Candi¬ 
dates  for  examination  must  present  themselves  in  person 
before  the  board.  No  examination  papers  can  be  sent  out 
to  individuals ;  and  no  examination  can  be  limited  to  any 
one  or  two  special  topics,  or  branches  of  study  or  practice. 
The  examinations  will  be  conducted  by  the  entire  board, 
and  upon  all  branches  usually  taught  in  medical  schools. 

10.  Schools  of  Practice  in  Examination  :  Questions  relating 
to  special  methods  or  forms  of  practice,  or  therapeutics, 
will  be  referred  for  examination  to  the  varions  individual 
members  of  the  board,  as  may  be  indicated. 

11.  Examination  in  a  Foreign  Language :  Those  desiring 
to  be  examined  in  any  other  but  the  English  language  may, 
in  the  discretion  of  the  board,  be  examined  through  an  in¬ 
terpreter,  furnished  at  their  own  expense  and  approved  by 
the  board. 

12.  Non-Graduates  Must  Rave  Studied  Three  Years :  Candi¬ 
dates  for  examination  must  present  evidence  that  they  have 
studied  medicine  at  least  three  years. 

13.  Evidence  of  Moral  and  Professional  Standing :  All  ap¬ 
plicants  for  certificates,  whether  holding  diplomas  or  not, 
are  required  to  furnish  satisfactory  evidence  of  good  moral 
and  professional  standing  from  reputable  medical  men ;  such 
evidence  (letters  of  recommendation)  to  be  filed  in  the 


24 


office  of  the  board  as  part  of  the  applicant’s  professional 
record. 

14.  Certificates  to  be  Recorded  in  Office  of  County  Cleric : 
Physicians  are  required  to  have  recorded ,  in  the  office  of  the 
County  Clerk,  the  certificate  which  may  be  received  from  the 
state  board  of  health;  and,  in  case  of  removal  to  another 
county  in  the  state,  to  have  the  certificate  recorded  in  that 
county  also. 

15.  Physicians  to  Register  in  Each  County :  In  case  a  physi¬ 
cian  practices  in  any  other  county  than  that  in  which  he 
lives — he  having  recorded  his  certificate  in  his  own  county 
— it  is  not  required  that  he  have  his  certificate  recorded  in 
such  other  county  or  counties.  He  must,  however,  register 
his  name  in  the  county  or  counties  in  which  his  practice  ex¬ 
tends,  and  make  his  returns  of  births  and  deaths  occurring 
in  those  counties  to  the  respective  county  clerks.  In  cases 
of  professional  consultation  only,  with  resident  physicians, 
such  registration  is  not  required. 

16.  Ron-Resident  Physicians ,  practicing  in  this  State ,  amen - 
able  to  the  Law:  Physicians,  residents  of  adjoining  states,  who 
practice  in  this  state,  in  counties  adjoining  the  one  in  which 
they  reside,  are  required  to  take  out  certificates  of  practice, 
as  required  of  residents  of  this  state.  They  must  record 
the  same  in  the  office  of  the  county  clerk  of  the  county  or 
counties  in  which  their  practice  extends;  make  returns  of 
births  and  deaths  in  those  counties  to  the  County  Clerks, 
and  in  every  respect  conform  to  all  the  requirements  of  the 
law  incumbent  upon  residents  of  this  state. 

17.  Certificates  to  Exempt  Graduates :  Certificates  of 
graduation  will  be  issued,  upon  payment  of  the  usual  fee,  to 
graduates  who  have  practiced  medicine  five  or  more  years 
in  this  state,  without  their  being  required  to  send  diploma 
to  the  board  for  verification,  upon  their  making  an  affidavit 
to  that  effect,  at  the  same  time  giving  name  of  college,  place 
and  date  of  graduation.  Experience  has  shown  the  utility 
of  such  a  step,  in  legal  questions  arising  in  practice,  as  well 
as  in  many  matters  involving  the  professional  status  of  the 
practitioner. 


25 


18.  Certificates  to  Exempt  Non-Graduates  :  Certificates  will* 
when  desired,  be  issued  to  non-graduates  of  five  or  more 
years  practice  in  this  state,  on  affidavit  of  such  practice,  sup¬ 
ported  by  evidence  of  good  standing  in  a  medical  society, 
or  the  recommendation  of  reputable  professional  or  other 
men,  who  have  known  them  during  their  term  of  practice. 

Such  certificates  differ  from  those  granted  to  graduates* 
and  are  issued  in  the  discretion  of  the  board. 

19.  What  Constitutes  u Five  Years’  Practice:  It  is  not  re¬ 
quired  that  the  five  years  of  practice  in  this  state  shall  be 
consecutive  years;  but  the  sum  total  of  practice  in  this  state 
must  amount  to  five  years  before  July  2,  1883.  No  allow¬ 
ance  is  made  for  the  time  spent  in  practice  in  any  other 
state,  or  in  service  in  the  army  or  navy. 

20.  Change  of  Location :  It  is  important  that  when  a 
change  of  location  is  made,  it  be  promptly  reported  to  the 
board.  Unless  this  is  done,  the  Official  Register  will  neces¬ 
sarily  be  incorrect. 

21.  Professional  Acts  Illegal  Prior  to  Record  of  Certificate: 
No  one  belonging  to  the  second  class,  as  defined  in  the  be¬ 
ginning  of  this  section,  has  a  right  to  practice  until  the  cer¬ 
tificate  of  the  board  is  placed  upon  record  in  the  county  in 
which  the  individual  lives.  All  professional  acts,  prior  to 
this  being  done,  are  illegal,  and  render  the  delinquent  liable 
to  prosecution. 

22.  What  constitutes  u  Practicing  Medicine ,J  under  the  Stat¬ 
ute  :  Any  one  shall  be  regarded  as  practicing  medicine  who 
shall  profess,  publicly,  to  be  a  physician  and  to  prescribe 
for  the  sick,  or  who  shall  append  to  his  name  the  letters 
“  M.  D. but  nothing  in  this  act  shall  be  construed  to  pro¬ 
hibit  students  from  prescribing  under  the  supervision  of  a 
preceptor,  or  to  prohibit  gratuitous  services  in  case  of  emer¬ 
gency  ;  and  this  act  shall  not  apply  to  commissioned  sur¬ 
geons  of  U.  S.  army,  navy  and  marine  hospital  service. 

23.  Gratuitous  Practice  does  not  Exempt  from  the  Law  :  If 
a  person  “practices  medicine  v  as  defined  by  the  statute, 
without  complying  with  the  law,  it  is  wholly  immaterial 
whether  he  charges  for  his  services  or  not.  He  is  guilty  of 


26 


a  violation  of  the  law,  and  liable  to  prosecution.  This,  how¬ 
ever,  does  not  apply  to  gratuitous  services  rendered  in  a 
cases  of  emergency  by  a  non-qualified  person. 

24.  Midwives  are  Required  by  Law :  1.  To  register  their 
names  in  the  offices  of  the  County  Clerks  in  the  counties 
where  they  reside. 

2.  To  obtain  certificates  from  the  state  board  of  health 
entitling  them  to  practice  their  art:  Provided,  That  they 
have  not  practiced  the  same  for  a  period  of  at  least  five 
years  prior  to  July  2,  1883. 

Certificates  entitling  to  practice  are  obtainable  in  the 
same  manner  as  those  for  the  practice  of  medicine  and  sur¬ 
gery,  i.  e .,  either  by  the  presentation  of  *‘a  diploma  or  license 
from  a  legally-chartered  medical  institution  in  good  stand¬ 
ing,”  with  the  necessary  affidavit,  letters  of  recommendation 
nmd  fee  of  one  dollar,  or  by  undergoing  an  examination  by 
the  board  in  the  usual  branches. 

25.  Revocation  of  Certificates  :  Sec.  8  of  the  Medical  Prac¬ 
tice  Act  recites  that  ‘‘the  state  board  of  health  may  refuse 
certificates  to  individuals  guilty  of  unprofessional  or  dishon¬ 
orable  conduct,  and  they  may  revoke  certificates  for  like 
causes,  after  giving  the  accused  an  opportunity  to  be  heard 
in  his  defence  before  the  board.” 

As  to  the  duties  and  responsibilities  of  the  Board  under 
this  section,  the  question  has  been  before  the  courts  in  our 
sister  state  of  Illinois,  where  a  similar  law  prevails,  and  the 
Hon.  E.  S.  Williams,  in  a  decision  rendered  at  the  October,' 
1878,  term  of  the  circuit  court  of  Cook  county  ( Nathan  J. 
Aiken  vs.  State  Board  of  Health),  says  “  the  board  is  con¬ 
stituted,  among  other  things,  to  have  charge  of  medical  prac¬ 
tice  and  medical  practitioners  within  the  state,  and  it 
is  its  right  and  duty  to  have  surveillance  of  the  professional 
conduct  of  physicians  by  the  language  of  the  act  of  incor¬ 
poration.  Any  person  guilty  of  unprofessional  conduct  may 
be  by  it  refused  certificates,  and  any  personshaving  certifi¬ 
cates  who  were  guilty  of  unprofessional  conduct  may  have 
their  certificates  revoked  by  the  board.  The  object  of  the 


27 


incorporation  of  the  board  is,  among  other  things,  to  secure 
-•a  higher  professional  standard  in  the  medical  profession. 
It  is  to  exclude  empirics  and  empiricism  from  the  profession. 
The  duties  of  the  board  are  various,  and  the  interests  in¬ 
trusted  to  its  keeping  affect  all  classes  of  the  community, 
and  affect  them  in  the  most  vital  points.  The  character  of 
its  duties  is  in  part  set  forth  in  the  second  section  of  the  act 
creating  the  board.  “  The  state  board  of  health  shall  have 
the  general  supervision  of  the  interests  of  the  health  and  life 
of  the  citizens  of  the  state.  They  shall  have  charge  of  all 
matters  pertaining  to  quarantine,  and  shall  have  authority  to 
make  such  rules  and  regulations,  and  such  sanitary  investiga¬ 
tions  as  they  may  from  time  to  time  deem  necessary  for  the 
preservation  or  improvement  of  public  health,”  and  all  police 
officers,  sheriffs  and  other  employes  of  the  state  are  required 
to  enforce  its  rules  and  regulations  so  far  as  the  efficiency  of 
the  board  may  depend  on  their  co-operation.  Such  a  board 
must,  from  the  necessity  of  the  case,  be  vested  with  a  large 
discretion.  And,  in  the  legitimate  exercise  of  its  discretion, 
it  ought  not  to  be,  and  cannot  be,  properly  controlled  by  judi¬ 
cial  tribunals.  The  duties  of  the  board,  with  reference  to  the 
sanitary  condition  of  the  people,  bring  it  into  such  relations 
to  the  medical  profession  as  to  tit  it  to  determine  the  neces¬ 
sary  qualifications  of  its  members,  and  to  judge  of  the  pro¬ 
priety  or  impropriety  of  their  professional  deportment.  The 
law  has  devolved  this  and  similar  duties  upon  the  board,  and 
it  has  created  no  other  corporation  in  the  state  for  a  like  pur¬ 
pose,  nor  has  it  given  to  any  state  officer  supervision  over 
the  board  in  the  discharge  of  its  aj^propriate  duties  and  the 
exercise  of  its  legitimate  discretions.  A  physician  may  be 
guilty  of  unprofessional  and  dishonorable  conduct,  and  not  of 
criminal  conduct.  It  would  have  been  a  work  of  superero¬ 
gation  in  the  law-makers  to  have  vested  the  board  of  health 
with  the  supervision  of  the  unprofessional  conduct  of  the 
medical  practitioner,  if  unprofessional  conduct  and  criminal 
•conduct  were  synonymous.  As  a  citizen,  the  physician  is, 


28 


with  every  other  citizen,  answerable  to  the  criminal  laws,  and 
as  an  alleged  criminal  is  liable  to  be  arraigned  before  our 
courts.  It  is  only  as  a  physician  that  he  is  liable  to  have  his 
professional  conduct  inquired  into  and  brought  before  the 
state  board  of  health.  The  term  “•  unprofessional  ”  is  there¬ 
fore  far  wider  than  criminal.  Many  acts  would  be  unprofes¬ 
sional  that  were  not  criminal;  some  acts  that  were  criminal 
might  not  be  esteemed  unprofessional.  What  is  professional 
conduct  can  only  be  determined  by  bringing  the  act  to  the 
professional  criterion,  and  who  so  well  qualified  to  judge  of 
the  proper  professional  criterion  for  the  medical  profession  as 
a  board  constituted  as  the  bill  shows  this  board  to  be,  of  seven 
gentlemen,  five  of  whom  are  physicians,  and  a  board  created 
for  sanitary  purposes,  and  accustomed  to  sanitary  investiga¬ 
tion?  The  “unprofessional”  conduct  which  authorizes  the 
board  to  exclude  a  physician  from  the  profession  does  not, 
therefore,  mean,  necessarily,,  criminal  or  immoral  acts,  but 
such  conduct  as  is  inconsistent  with  the  honorable  practice  of 
the  profession:  and  in  judging  of  such  conduct,  the  board  of 
health  has  a  wide  discretion,  and  in  its  exercise  courts  ought 
not  to  interfere  with  it.” 

It  may  be  added  that,  in  the  test  case  above  cited  and 
which  was  carried  up,  on  appeal  from  Judge  Williams’  deci¬ 
sion,  the  courts  have  refused  to  interfere  with  the  board’s 
exercise  of  that  discretion. 

WHAT  CONSTITUTES  UNPROFESSIONAL  OR  DISHONORABLE 

CONDUCT: 

The  state  board  shall  define:  The  legislature  has  constituted  this  board, 
and  has  slid  that  it  shall  be  vested  with  the  power  to  determine  what  is 
unprofessional  and  what  is  dishonorable  conduct  in  a  physician.  *  * 

Is 't  unprofessional  in  a  physician,  by  falsely  advertising  as  to  his  skill,, 
to  impose  upon  the  weakness,  the  credulity,  the  ignorance  of  the  peo¬ 
ple?  Is  it  unprofessional  to  publish  that  he  is  a  specialist  in  a’l  chronic 
diseases;  to  pretend  to  a  universal  knowledge  of  all  diseases?  Is  it  pro¬ 
fessional  to  thus  profess  what  every  intelligent  man  knows  is  impossi¬ 
ble?  Is  it  professional  to  solicit  correspondence?  Is  fraud  professional, 
or  fraudulent  pretenses? 


29 


Whether  these  things  are  or  are  not  professional,  is  left  by  law  to  the 
state  board  to  decide ;  and  there  ought  to  be  but  little,  if  any  doubt,  as  to 
what  they  would  decide. 

Aikin  vs.  State  Board  of  Health ,  Argument  on  Appeal. 

We  observe  that  the  Illinois  state  hoard  has,  by  formal 
resolution,  held: 

1.  By  Advertisement  or  Publication ,  Resolved,  That  in 
response  to  the  following  written  inquiry  made  to  the  board 
by  R.  W.  McAfee,  general  agent  of  the  western  society  for 
the  suppression  of  vice,  “  Is  it  professional  for  a  physician  to 
advertise  or  promiscuously  to  distribute  or  circulate  ‘  mar¬ 
riage  guides,’  ‘  secret  monitors,’  pamphlets  or  circulars, 
describing  or  illustrating,  by  means  of  pictures,  venereal 
diseases;  or  to  advertise,  directly  or  indirectly,  or  even  im¬ 
pliedly,  nostrums  or  medicines  for  preventing  conception  or 
for  procuring  abortion  ?  the  board  decides  that  each  and  all 
of  the  above  described  acts  are  grossly  unprofessional. 

Adopted  February  19,  1880. 

2.  By  Fraudulent  or  Deceptive  Transaction ,  Resolved , 
That  any  fraudulent  or  deceptive  professional  transaction 
shall  be  deemed,  in  the  sense  of  this  board,  unprofessional 
and  dishonorable  conduct. 

Resolved ,  That  any  medical  man  who  practices  medicine 
under  two  names,  or  any  other  name  than  his  true  name, 
shall  be  considered  guilty  of  unprofessional  and  dishonorable 
eonduct. 

Resolved ,  That  any  advertisement,  hand  bill  or  means  of 
attracting  public  attention  or  securing  patronage,  which  shall 
be  deceptive  or  convey  to  the  public  any  false  or  fraudulent 
information,  shall  be  considered  unprofessional  and  dishon¬ 
orable. 

Adopted  February  19,  1880. 

We  doubt  not  such  would  be  the  unanimous  decision  of 
this  board,  and  that  in  due  time  these,  with  other  nefarious 
practices  perpetrated  in  the  name  of  our  profession,  will  be 
formally  condemned  by  it. 


30 


PROSECUTIONS  UNDER  THE  MEDICAL  PRACTICE 

ACT. 

1.  We  doubt  not  tlie  impression  will  prevail  that  it  is  the 
sole  duty  of  the  state  board  of  health  to  prosecute  for  viola¬ 
tions  and  infractions  of  the  law.  Such  is  not  the  case.  It  i& 
incumbent  on  every  good  citizen ,  who  knows  of  its  violation, 
to  give  the  information,  and  of  the  County  Attorneys  of  the 
several  counties  to  conduct  such  prosecutions. 

2.  foundation  for  the  Prosecution  may  be  laid  by  any 
one:  Any  person  who  has  a  knowledge  of  the  facts  may 
make  complaint  before  the  grand  jury,  or  furnish  to  the 
county’s  attorney  the  necessary  facts  upon  which  he  can  file 
information  before  a  justice  of  the  peace. 

3.  Form  of  Complaint  to  be  Made: 

State  of  Missouri,  ) 

. County.  )  SS’ 

The  complaint  and  information  of . of 

. in  said  county,  made  before . 

. Esquire,  one  of  the  justices  of  the  peace  for  said 

county,  on  the . day  of . 188. .,  who,  being 

duly  sworn,  upon  his  oath  says,  that . at 

and  within  said . county,  to-wit:  on  the . 

day  of . A.  D.  188. .,  practiced  medicine . 

. without  then  and  there  possessing  the  qualifications- 

prescribed  in  the  certain  act  of  the  general  assembly  of  the 
state  of  Missouri,  entitled,  “  An  act  to  regulate  the  practice 
of  medicine  and  surgery  in  the  state  of  Missouri.”  Ap¬ 
proved  April  2d,  1883,  and  without  then  and  there  having 
complied  with  the  provisions  of  that  act;  that  is  to  say,  the 

said . did  then  and  there  so  practice 

medicine  without  then  and  there  having  an  unrevoked  cer¬ 
tificate  of  the  genuineness  of  his  diploma  as  a  graduate  in 
medicine  from  the  state  board  of  health  of  the  state  of  Mis¬ 
souri;  and  without  then  and  there  having  an  unrevoked  cer¬ 
tificate  from  the  state  board  of  health,  authorizing  him  to 


31 


practice  medicine  or  surgery  in  the  state  of  Missouri;  and 
that  he  was  not  then  and  there  a  commissioned  surgeon  of 
the  United  States  army  or  navy,  or  marine  hospital  service^ 
and  had  not  been  practicing  five  years  within  the  state  of 
Missouri  prior  to  the  second  day  of  July,  1883,  contrary  to  the 
form  of  the  statute  in  such  cases  made  and  provided. 

That  this  complainant  has  just  and  reasonable  grounds  to 

believe,  and  does  believe,  that  the  said . 

has  committed  said  offense,  and,  therefore,  prays  that  he  may 
be  arrested  and  dealt  with  according  to  law. 

Subscribed  and  sworn  to  before  me  this . day  of . . . . 

. A.  D.  188.. 

. Justice  of  the  Peace. 


ORGANIZATION  OF  COUNTY  AND  CITY  BOARDS. 

At  the  meeting  of  the  board’,  held  at  Jefferson  City,  July 
13th,  1883,  the  following,  among  other  proceedings,  were 
had,  to- wit  : 

Resolved,  That  this  board  recommend  to  all  cities  having 
municipal  organizations,  the  formation  of  local  boards  of 
health,  to  be  composed  of  not  less  than  five  persons,  two  of 
whom  shall  be  reputable  physicians;  and  also  to  the  county 
courts  of  the  different  counties,  the  formation  of  county 
boards  of  health,  to  be  composed  of  a  like  number,  and 
report  the  organization  of  such  boards  and  the  names  of  such 
to  the  secretary  of  the  state  board  prior  to  their  regular 
January  meeting,  which  will  be  held  in  Jefferson,  January 
the  8th,  1884. 


FURNISHING  BLANKS. 

INFORMATION  FOR  COUNTY  CLERKS. 

We  trust  there  will  be  no  conflict  between  the  board  and 
County  Courts  of  the  various  counties  as  to  whose  duty  it  is 
to  furnish  the  printed  forms  to  be  used  or  distributed  by  the 
County  Clerks. 


32 


While  it  is  the  province  and  is  made  the  duty  of  the  Board 
to  prescribe  the  forms,  and  of  the  Secretary  to  furnish  such 
forms  to  the  clerk,  it  is  clearly  the  duty  of  the  Counties’  to 
have  printed,  and  provide  such  blanks  as  the  clerks  may  need. 
Such  is  the  spirit  and  meaning  if  not  the  letter  of  the  law. 
The  record  of  the  births  and  deaths  in  a  County  is  of  suffi¬ 
cient  importance  and  value  to  the  County  to  justify  the  com¬ 
parative  small  expense  attendant  upon  printing  the  blanks, 
and,  as  a  matter  of  general  information,  might  with  pro¬ 
priety  be  ordered  by  the  County  Court  without  any  special 
law  on  the  subject.  Let  the  courts  second  our  efforts,  and 
not  throw  obstacles  in  our  way. 


/ 


